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Jct minor works 2011 problem - urgent help anyone?

(7 Posts)
JugglingChaotically Tue 25-Nov-14 07:36:14

We have a build 70% done.
Builder texted to say ceased trading.
Also that his site supervisor wanted to set up and take it on.
Have emailed notice under contract to terminate for default (delay and lack of progress - it's been at dead slow stop for weeks)
He has not replied and confirmed.
We now have to serve by post under standard contract terms, then wait 2 days for notice to be deemed to be received. And another week notice period before we can take over and have another contractor on site.
We have options for a new contractor.
The site is not secure.
The site is not watertight.
Can we proceed without waiting for 9 days?
Help!
No advise from architect.

JugglingChaotically Tue 25-Nov-14 07:38:24

Sorry to drip feed - it's not a new build but a refurb involving major structural works. House unliveable. No utilities, roof and floor incomplete. Huge hole in wall etc etc etc
Weather awful
Meant to be back in next week
[Is there a smiley for crying hysterically]

Greengrow Tue 25-Nov-14 10:51:38

You will need someone familiar with JCT contracts for this one I suspect.
Would the site supervisor take it on well perhaps? That might be an easier solution.
Also check what type of ceasing trading it is - are they in administration - might the business be sold as a going concern? Does the ex builder have your money such as deposits paid up front.

Generally if a contract says wait 9 days if you do not you breach the contract. however that might be worth doing if it means you don't have 9 days of hanging around although you probably will find if anyone other than the site supervisor takes it on it will be slower than it would have been anyway.

JugglingChaotically Tue 25-Nov-14 11:26:40

Green grow.
Thanks.
The builder indicated liquidation (with unsecured creditors such as us left with nothing) but I think is now looking at a cleaner voluntary winding up if he can pay debts which seems unlikely.
The house is not secure, safe or watertight. So we will instruct the site supervisor to make it so (working in his own right not for builder) in writing and let the builder know.
We have no choice.

Greengrow Tue 25-Nov-14 14:41:28

That sounds sensible. Also check you do whatever your insurance of the property requires you do to so they do not try to avoid insurance claims later.

JugglingChaotically Tue 25-Nov-14 20:12:25

Will do. Tks.

simoncbevans Thu 04-Dec-14 11:53:32

I am a building surveyor with 30 years experience of using these contracts.

I guess your architect cannot help because this situation is thankfully rare. But it can be very messy and expensive when it happens so I do feel for you!

Whilst I am no lawyer and do not know the full details of your case, if it were me, I would not get too hung up on the bureaucratic detail. If I needed to protect my house and to get on, I would just do it. I might advise the other side of my intentions to give them the chance to object at least.

I would think carefully about taking on the site supervisor if he is anything to do with the contractor. That's not to say it's wrong but it may complicate things. If he is what I would call a foreman, he may have no idea of running a back office (which he will need).

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